Why California Is In Trouble: 340,000 Public Employees With $100,000+ Paychecks Cost Taxpayers $45 Billion

Why California Is In Trouble: 340,000 Public Employees With $100,000+ Paychecks Cost Taxpayers $45 Billion

Tyler Durden

Thu, 05/21/2020 – 18:45

Submitted by Adam Andrzejewski,

Despite California’s $54 billion budget deficit and $1 trillion unfunded pension liability, there are 340,390 government employees bringing home six-figure salary and pension checks. Recently, though, Gov. Gavin Newsom asked U.S. taxpayers for a bailout.

The governor wrote a letter to Congress requesting $1 trillion in coronavirus 50-state aid. Then, House Speaker Nancy Pelosi obliged by adding $500 billion for the states into the HEROES Act – the bill passed and now awaits action in the Senate.

Here, in part, is why California is asking for taxpayers help.

Our auditors at OpentheBooks.com found truck drivers in San Francisco making $159,000 per year; lifeguards in LA County costing taxpayers $365,000; nurses at UCSF making up to $501,000; the UCLA athletic director earning $1.8 million; and 1,420 city employees out-earning all 50 state governors ($202,000).

Using our new interactive mapping tool, quickly review (by ZIP code) the 340,390 California public employees and retirees who earn more than $100,000 and cost taxpayers $45 billion (FY2018-9). Just click a pin and scroll down to see the results rendered in the chart beneath the map.

Here are a few examples of what you’ll uncover:

  • 109,627 teachers and school administrators – including the CEO of Summit Everest charter schools Diane Tavenner ($450,115); and superintendents Michael Lin ($443,875) at Corona-Norco Unified; Polly Bove ($395,257) at Fremont Union High; Christopher Hoffman ($351,885) at Elk Grove Unified; and Al Mijares ($348,276) at the Orange County Dept. of Education.

  • 66,403 college and university employees – including the athletic director at UCLA, Daniel Guerrero ($1.8 million), who is retiring amid criticisms that his teams lost too frequently. The school’s football coach, Charles (Chip) Kelly ($3.3 million), compiled a 7-17 record during his first two years and is the most highly compensated public employee in the state. Furthermore, there are 11,310 college and university employees making more than $200,000.

  • 62,204 State of California employees – including a nurse, Ito Chikako, at the University of California, who made $501,391 – paid through the state system. David Winsor Sirkin, Sr. Psychiatrist at Correctional & Rehabilitative Services, made $409,399. Corrections paid two dentists $385,596 last year. The chief regulator at barbering & cosmetology made $124,296.

  • 45,718 city and town employees – including 1,420 municipal administrators and employees who out-earned the California governor – the highest paid state governor ($202,000). Highly compensated city managers included Deanna Santana (Santa Clara – $396,158); Paul Arevalo (West Hollywood — $353,603); Fredrick Cole (Santa Monica – $342,780); David Ready (Palm Springs – $340,149); Edward Shikada (Palo Alto – $329,080); and Scott Ochoa (Ontario – $328,500).

Reaching out to all governments mentioned, Santa Clara responded saying that their city is complex and they compete for talent in Silicon Valley. Palm Springs responded by saying the city manager is cutting his pay by 20-percent to $288,579.

In 2017, we found that 44 lifeguards in Los Angeles County cost taxpayers between $200,000 and $365,000. Today, it’s worse with salaries comprising only about half the total cost when including overtime, extra pay and benefits.

In total, $45 billion in cash compensation flows to local and state government workers across California earning six figures. Our auditors did not include the cost of benefits.

We also haven’t included the payroll costs of at least 28,000 federal employees making $100,000+ within the executive agencies based in California.

Corruption In San Francisco

San Francisco’s self-titled “Mr. Clean,” Mohammed Nuru, Public Works Director, is best known for failed efforts to keep feces and hypodermic needles out of the public way. Cases of human waste on city streets spiked to 31,000 in 2019 – an all-time high.

Nuru earned a $269,500 annual salary in 2018 (up $55,000 over a seven-year period). Allegedly, that wasn’t enough. In February, Nuru was arrested for charges that included bribery.

Only in San Francisco can team members on the “poop patrol” cost taxpayers up to $184,000 each.

Mapping the San Francisco human waste challenge – 141,000 cases of human waste in the public way

Taxpayer-Expensive Educators

In the community college system, 10,807 employees made six figures and 247 made more than $200,000 last year.

Edward Hernandez, Jr. (Rancho Santiago – $325,799) and Francis Gorrick (West Hills – $316,034) have the highest pensions. In 2015, stakeholders criticized then-president of El Camino College Thomas Fallo for his $345,000 “supersized” salary. Fallo retired and receives a $314,021 pension.

K-12 payrolls show 109,627 teachers and administrators earned over $100,000 per year. Nearly 94,000 of those highly compensated educators are currently employed, and the other 15,735 are retired with six-figure pensions.

Ten educators hit the pension jackpot and retired on $300,000+. These include: William Habermehl (Orange County Dept. of Education – $380,096); Richard Bray (Tustin Unified School District – $329,826); Virginia Shattuck, (Norwalk–La Mirada Unified School District – $327,139); James Smith (Evergreen Elementary – $309,725); and Richard Miller (Santa Anna Unified— $305,066).

Private associations, nonprofits, and lawmakers

All kinds of entities are jumping on the gravy train. Private associations, nonprofit organizations, and former lawmakers have gamed the system for personal gain.

  • Assemblyman Jim Cooper (D-Elk Grove) is double dipping the pay and pension systems. Retired at age 50 from the Sacramento County Sheriff, Cooper earned a $173,820 pension. He makes $107,242 as an elected member of the general assembly – although he refused the non-taxable per diem that’s estimated at $39,000 a year. Total benefit: $281,162
  • Who knew that the “student unions” on college campuses pay their administrators up to $206,000 and their pensions are guaranteed by taxpayers? The union at UCLA – Associated Students, Inc. – paid four administrators between $191,000 and $206,000 last year. There are 52 student union administrators across the state who made six figures last year. Retirees received pensions up to $136,000.
  • Government “associations” of all types are dialed into the public pension system. These associations are organized as “non-profits” and include associations of governments, school boards, water districts, utilities, special districts, and even flood control associations.

We found 314 six-figure administrators who run these government associations, which are funded by taxpayers for $44 million a year. The most highly compensated was Darin Chidsey {Southern California Association of Governments (SCAG) – $289,109}.

SCAG responded to our request for comment saying they are “the nation’s largest metropolitan planning organization” and located in “a very competitive job market.”

Highly Compensated Locals

In the City of Fremont, nearly 700 six-figure employees made $91 million last year. The city attorney, Harvey Levine, was the highest earner at $291,031. Even the animal services manager cost taxpayers up to $130,000 with over four weeks of PTO, pension, and additional retirement annuity benefits – in the first year of employment.

The Sanitation District of Los Angeles has a history of spiking salaries to pad pensions. In fact, four of the top five all-time sanitation high earners are either currently employed or retired from this district: Stephen Maguin ($366,387 – pension); Grace Robinson Hyde ($329,131 – salary); James Stahl ($321,838 – pension); and Robert Ferrante ($306,552 – salary).

The sanitation district responded to our request for comment saying that all laws with respect to compensation were followed and “pension spiking” is not allowed. However, we noticed that some of those retirement pensions exceed current salaries.

Before the COVID-19 crisis, state and local governments in California were plausibly operating. Now, with tax revenues dropping, underlying financial weaknesses are being exposed.

In a move praised by fiscal reformers, Gov. Newsom proposed a 10-percent across-the-board reduction in state employee salaries along with state agency budget cuts of five percent.

However, the governor admitted that if the federal government sends states more aid, then the salary reductions will be restored.

California, in other words, like many states with excessive pay and pension costs, is relying on the U.S. taxpayer to see them through crisis.

via ZeroHedge News https://ift.tt/2Xijp2W Tyler Durden

Daily Briefing – May 21, 2020

Daily Briefing – May 21, 2020


Tyler Durden

Thu, 05/21/2020 – 18:25

Real Vision’s managing editors Ed Harrison and Roger Hirst sit down to discuss the latest developments in markets, macro, and coronavirus. Nick Correa talks about the new waves of infections in South Korea and the country’s unique challenges in containing and stopping the spread.

via ZeroHedge News https://ift.tt/2LL1v3o Tyler Durden

A Few More Details About Judge Bacharach’s Legal Writing

[1.] A reader asked about a Kindle version of the book, and I passed along the query to Judge Bacharach, who I think passed it along further to the publisher. It turns out the publisher will be offering a Kindle version in the next few weeks.

[2.] The publisher is also offering a 25% discount for our readers through June 30, 2020; use the Code LGLV5A when purchasing through the ABA Service Line at 800-285-2221 or at the ABA site.

[3.] It took a while to get them, but here are four further jacket blurbs for the book (besides Dean Chemerinsky’s, which I posted at the start of this series):

  • “Legal Writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word
    more than lives up to its name, drawing on everything from cognitive science to
    great literature to illuminate its important subject. This erudite and elegant guide
    to advocacy explains not just the ‘how’ of legal writing, but the ‘why.'” —David Lat, Founder of Above the Law
  • “Judge Bacharach has authored the definitive playbook for legal writers. Whether
    you are a lawyer, judge, legal scholar or law student, this book will show you—not
    just tell you—how to write more clearly, succinctly, gracefully, and powerfully. I plan
    to assign Legal Writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word in my courses at Yale.” —Robert Harrison, Lecturer in Legal Method, Yale Law School
  • “I loved this book. An easily readable and comprehensive catalogue of do’s and
    don’ts that provides the essential foundations for clear, persuasive legal writing.
    Judge Bacharach illustrates his points with accessible and fun-to-read excerpts from
    the opinions of Chief Justice Roberts, Justice Scalia, and Justice Kagan, as well as
    from social science and psychology. From diction to grammar, and alliterations to
    aphorisms, this book is mandatory reading for law students and lawyers alike.” —Lisa Blatt, Chair of Williams & Connolly’s Supreme Court and Appellate Practice
  • “Judge Bacharach has done the profession a wonderful service here. Students, lawyers,
    and judges alike will enjoy his lucid and thoughtful take on every facet of the legal
    writer’s craft. The tips and examples he shares are invaluable.” —Ross Guberman, President of Legal Writing Pro and author of Point MadeDeal Struck, and Point Taken (leading books on legal writing and drafting)

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“Revolutions And Wars”: What According To Ray Dalio Comes After “Printing Money”

“Revolutions And Wars”: What According To Ray Dalio Comes After “Printing Money”

Tyler Durden

Thu, 05/21/2020 – 18:25

Having seemingly conquered the world of finance, Ray Dalio and Howard Marks have been competing who can be a more productive writer in recent weeks, and just two weeks after writing a lengthy thesis on the rise and fall of fiat currencies (which had no less than 43 mentions of gold for obvious reasons), Dalio is back to discussing one of his favorite topics, namely the rise and fall of empires, among which the US and China, over the last 500 years. 

The third chapter of his “Changing World Order” series (preceded by Chapter 1 “The Big Picture in a Tiny Nutshell”,  and Chapter 2, “The Big Cycle of Money, Credit, Debt, and Economic Activity” and its appendix “The Changing Value of Money“), takes a closer look at the rise and fall of the Dutch, British, and American empires and their reserve currencies and, in what will spark howls of outrage from both sides of the discussion, touches on the rise of the Chinese empire, which Dalio views as the next ascendent superpower “to bring us up to the present.”

Dalio’s latest 10,000-word essay (a 50 minute read according to LinkedIn) concludes that empires – just like humans – have a typical life cycle that ultimately come to an end.

And while we will focus on the specific case of the US vs China in a subsequent post, we wanted to highlight the big picture, or what Dalio deems the key events in the “Big Cycle” behind empires’ rise and fall, for one specific reason: we find ourselves in the phase – namely “printing money and credit” – which according to Dalio is immediately preceding the far more troubling phase of “revolutions and wars.

Here is Dalio summarizing his stylized empire “boom bust” cycle:

Just as there is a human life cycle that typically lasts about 80 years (give or take) and no two are exactly the same but most are similar, there is an analogous empire life cycle that has its own typical patterns.  For example, for most of us, during the first phase of life we are under our parents’ guidance and learn in school until we are about 18-24, at which point we enter the second phase.  In this phase we work, become parents, and take care of others who are trying to be successful.  We do this until we are about 55-65, at which time we enter the third phase when we become free of obligations and eventually die.  It is pretty easy to tell what phases people are in because of obvious markers, and it is sensible for them to know what stages they are in and to behave appropriately in dealing with themselves and with others based on that.  The same thing is true for countries.  The major phases are shown on this chart.  It’s the ultra-simplified archetypical Big Cycle that I shared in the last chapter.

In brief, after the creation of a new set of rules establishes the new world order, there is typically a peaceful and prosperous period.  As people get used to this they increasingly bet on the prosperity continuing, and they increasingly borrow money to do that, which eventually leads to a bubble.  As the prosperity increases the wealth gap grows.  Eventually the debt bubble bursts, which leads to the printing of money and credit and increased internal conflict, which leads to some sort of wealth redistribution revolution that can be peaceful or violent.

Typically at that time late in the cycle the leading empire that won the last economic and geopolitical war is less powerful relative to rival powers that prospered during the prosperous period, and with the bad economic conditions and the disagreements between powers there is typically some kind of war.  Out of these debt, economic, domestic, and world-order breakdowns that take the forms of revolutions and wars come new winners and losers.  Then the winners get together to create the new domestic and world orders.  

And in case there is any confusion who Dalio expects the next war to be with, he makes it clear:

That is what has repeatedly happened through time.  The lines in the chart signify the relative powers of the 11 most powerful empires over the last 500 years.  In the chart below you can see where the US and China are currently in their cycles.  As you can see the United States is now the most powerful empire by not much, it is in relative decline, Chinese power is rapidly rising, and no other powers come close.  

Confused? In case that chart is a bit confusing, for simplicity Dalio offsers another chart showing the same lines as in that chart except for just the most powerful reserve currency empires (which are based on an average of eight different measures of power that we explained in Chapter 1 and will explore more carefully in this chapter).

Still confused? Here is the bottom line: While we the US is doing this to pretend its economy and markets aren’t collapsing…

… China is creating videos titled “peace behind me, war in front of me.”

 

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The Destruction Of Demand

The Destruction Of Demand

Tyler Durden

Thu, 05/21/2020 – 18:05

Authored by Charles Hugh Smith via OfTwoMinds blog,

Demand based on debt, unfulfilled promises and unaffordable habits is burning down…

The first-order effect of the lockdown was demand destruction as shelter-in-place orders and business closures restricted consumers’ ability to spend.

The second-order effect will be the permanent destruction of demand because people will realize they’re better off reducing their consumption of high-cost, questionable-value goods and services. Let’s start with the resurgence of savings, the most basic form of security you actually control and the most basic form of hedging against promises of a return to wonderfulness failing to arrive in the real world.

Comically, security you actually control, i.e. savings, are viewed by the status quo as a mortal threat to the economy: how dare you keep some of your own money rather than squander all of it! Notice how this bit of twisted CNN humor labels savings “hoarding,” as if retaining a bit of your hard-earned wages is evil “hoarding” rather than prudent self-sufficiency.

New threat to the economy: Americans are saving like it’s the 1980s

For those who weren’t alive to experience the 1980s, it was a boom era of widespread prosperity. In a functional economy, savings are understood as one of the foundations of prosperity. In today’s insanely dysfunctional neofeudal economy, savings are a despicable evil because they take the bread right out of the bankers’ and corporate elites’ mouths. How dare you rob poor Jamie Dimon and Jeff Bezos with your awful, horrible, cruel savings of money that you actually control, money that protects you and gives you some security!

In other words: how dare you serve your own needs and interests rather than our monomaniacal obsession with increasing our profits at your expense.

Another second-order source of demand destruction is people realizing they don’t actually need as much XYZ as they once thought. This covers quite a range of services, from tourism to dining out to attending absurdly costly sporting events and concerts to all the video subscription services people pay for but rarely use.

Demand destruction won’t be limited to the periphery. It will also shred big-ticket sectors such as healthcare and higher education. One of the key dynamics in demand for these crazy-expensive services is rarely addressed: the more higher education you “consume,” the greater the pressure to get even more higher education. This also holds true for healthcare: the more you “consume,” the greater the pressure to consumer even more healthcare.

Correspondent AP (Anonymous Physician) delineates the sources of demand for healthcare:

An under appreciated challenge going forward is the destruction of healthcare demand.

The demand for healthcare was generated by three factors, in decreasing order of importance.

1. “Self-Generation” i.e. when healthcare was received, it led to more healthcare being demanded. Healthcare is pretty unusual as a good/service in that it generates its own demand.

2. Marketing. Except for a tiny sliver of high-margin procedures, healthcare is a loss-leader for health systems. The profitable revenues come from foot traffic, commercial real estate ‘appreciation,’ and the sales of personal information.

3. Actual, proven, demonstrably beneficial need. (By far the last).

The ‘Casino’ model of healthcare is driven by this dynamic: tight-margins/high cashflows lead to overbuilding, which leads to more of #s1 and 2 above, which leads to more cashflow, and so the cycle repeats.

People are discovering:

1. The delivery of healthcare entails real risk–even if they’ve mis-apportioned it to COVID-19.
2. They’re doing alright without getting it.
3. Since they aren’t getting it, they’re getting less of it. (See #1 above).

We’re already seeing healthcare corporations whining about a drop in income as “consumption” of “elective surgeries” is not bouncing back to pre-pandemic levels, and people are cancelling their “excuse to bill Medicare or Medicaid” “follow-up” appointments.

The people working in this broken, perverse-incentives system didn’t choose it, they’re trapped in it. The same can be said of every dysfunctional, sclerotic, ridiculously costly system in the U.S. Reform is impossible, given the incentives, regulations and vested interests whose sole purpose is to, in Clay Shirky’s insightful phrase, “preserve the problem to which they are the solution.”

Here’s my summary of the sources of demand for higher education:

1. The higher your level of credentialed attainment, the greater the pressure to get another degree.

2. Marketing: the claim that a college diploma is the one essential passport to secure high-paying careers and therefore worth any price and any sacrifice.

3. Actual learning: near zero on the demand scale.

You know the multi-level marketing of higher education: gee, too bad your Bachelors Diploma turned out to be worthless. The solution is to spend another $100,000 on a Masters Degree.

Dang, too bad about the glut of other job seekers with Masters Degrees. The solution is to invest another 4 or 5 years and another $100,000 (in deferred income if nothing else) on a PhD or professional degree (MBA, etc.)

Shucks, there’s a global glut of folks with PhDs and professional degrees? Well then you’ll have to get a second professional degree…. and so on. There’s no end to the number of credentials one can acquire, and the hope is just one more will do the trick and the over-credentialed student will escape the black hole of a global glut of over-credentialed job seekers.

Then there’s the implosion of demand for commercial real estate and $1 million decaying bungalows. Why blow hundreds of thousands of dollars on design services and renovations if the asset is losing value no matter how much money you pour into it?

Once people were forced out of their manic rut of buy, buy, buy in search of deranging distraction, they’ve realized they’re better off without the expense, the mania and the derangement. The media is cheerleading the crowds jamming into bars, but I suspect a consequential number of those “consumers” will find the things they so longed to resume doing aren’t as fulfilling as they’d expected.

A consequential number of consumers may be questioning the viability and benefits of blowing hundreds of dollars to attend a sporting event. Maybe the $12 cup of beer and the $12 hot dog at the ballpark are no longer worth it.

A consequential number of consumers may be realizing they can no longer afford the splurges they indulged in so regularly, of if they can afford it, they no longer want to trade away savings for mindless indulgences.

There are competing models for healthcare and higher education that cost mere fractions of the systems now imploding due to demand destruction. I outlined a campus-free apprenticeship model of higher education in my 2012 book The Nearly Free University and the Emerging Economy, that lays out an alternative way to credential actual learning: accredit the student, not the institution. (This goes hand-in-hand with my other principle, accredit yourself.)

Demand based on debt, unfulfilled promises, over-regulation and unaffordable habits is burning down. Scapegoating savings is the last desperate propaganda ploy of an exploitive system that was never sustainable.

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*  *  *

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Quarter Of Americans Have No Interest In Taking COVID Vaccine 

Quarter Of Americans Have No Interest In Taking COVID Vaccine 

Tyler Durden

Thu, 05/21/2020 – 17:45

President Trump’s “Operation Warp Speed,” a public-private partnership to develop a vaccine and ready it for mass production by early 2021, has generated anti-vaccine concerns among some Americans, a new survey finds. 

The survey, published via Reuters/Ipsos on Thursday, found 25% of Americans have no interest in taking a coronavirus vaccine.

About 36% of respondents said they would be less willing to take a vaccine if President Trump said it was safe. Only 14% said they would be interested. 

Reuters/Ipsos surveyed 4,428 Americans between May 13-19 said they would need to review additional research on the vaccine to determine if it was safe. 

A little less than 66% were “very” or “somewhat” interested in a vaccine if made readily available. 

Dr. William Schaffner, an infectious disease expert at Vanderbilt University Medical Center in Nashville, told Reuters, considering there are 92,000 virus-related deaths, he thought there would be a much higher amount of people that would want the vaccine. 

“It’s a little lower than I thought it would be with all the attention to COVID-19,” said Schaffner. “I would have expected somewhere around 75 percent.”

The survey found 14% were not interested at all, 10% were not very interested, and 11% were unsure about subjecting themselves to a vaccine. 

Health experts tell Reuters that, “at least 70% of Americans would need to be immune through a vaccine or prior infection to achieve what is known as “herd immunity,” when enough people are resistant to an infectious disease to prevent its spread.” 

President Trump’s Operation Warp Speed program aims to produce 300 million doses of a vaccine by January, a goal that we’ve said is widely unrealistic.

The president’s constant hype of vaccines has led some people to believe many of the drugs in development are being rushed and could have dangerous side effects. Ron Paul recently warned “rushed-into-production” vaccines for other viruses have had disastrous health consequences for some people. 

Nearly 84% of respondents said vaccines for measles are safe, suggesting that people are doubtful about a rushed vaccine for COVID-19. Of the folks who were “not very” interested in taking the vaccine, 29% of them said they would reassess their thoughts once the FDA approved it. 

Peter Hotez, dean of the National School of Tropical Medicine at Baylor College of Medicine, where his staff is currently developing a vaccine, said: 

“It’s not surprising a significant percentage of Americans are not going to take the vaccine because of the terrible messaging we’ve had, the absence of a communication plan around the vaccine and this very aggressive anti-vaccine movement.”

The poll underlines how political divides among Democrats and Republicans predate the pandemic, but lockdowns have since catalyzed new divides and exacerbating old ones. That being, nearly 20% of Republicans said they had no interest in a vaccine, which was more than double the proportion of Democrats who said the same.

With creepy billionaire Bill Gates and big government rushing vaccines into development and for possible mass production next year — the anti-vaccine movement in America continues to grow. 

Read “Anti-Lockdown Protests Accelerate Across Europe As Second COVID-19 Wave Threat Emerges,” which explains anti-vaccine movements flourishing across the Western world.

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What are Presidential Electors?

[This post was co-authored with Professor Seth Barrett Tillman]

Last week, we posed three questions concerning the characterization of presidential electors. Are they “subordinate state officers”? Do they perform a “federal function”? Do they hold a “Public Trust under the United States”? In this post we will answer each of these three questions. 

First, electors cannot be “state officers,” of any kind. These positions were created by the Constitution. In light of U.S. Term Limits v. Thornton (1995), the power to regulate electors “is not part of the original powers of sovereignty that the Tenth Amendment reserved to the States . . . because that Amendment could only ‘reserve’ that which existed before.” The position of federal elector for President and Vice President was created by the Constitution of 1788. 

We do not take a position on the question presented in Thornton: whether states have the power to enact ballot access laws that, as a practical matter, impose additional substantive qualifications on members of Congress. Rather, our analysis turns solely on the issue of whether the states have the authority to constrain the discretion of federal presidential electors when casting their ballot for president and vice president. We think this issue is akin to whether states have the authority to constrain the discretion of Senators, for example. Prior to the Seventeenth Amendment, state legislatures chose these federal officials; no one would have contended that the states could control the discretion of Senators as “subordinate” state officials.

Second, Ray v. Blair (1952) held that electors perform a “federal function” established by the Constitution. Nevertheless, Ray also held that electors are not “federal officers or agents.” You may ask, doesn’t the phrase “federal officers and agents” include everyone in the federal government? Not necessarily. 

What is a “federal officer”? Here, the relevant precedents are U.S. v. Hartwell (1868) and U.S. v. Germaine (1878). (We discussed both cases on Lawfare). The latter case held:

[T]he term [office] embraces the ideas of tenure, duration, emolument, and duties, and that the latter [that is, the duties] were continuing and permanent, not occasional or temporary. In the case before us, the duties are not continuing and permanent, and they are occasional and intermittent. 

Electors cannot hold a federal “office” in light of Germaine. Their temporary positions lack duration. They are established for a very brief time. As soon as they vote for President and Vice President, their “federal function” has concluded, and the position terminates. Such an ephemeral position cannot be considered an “office” or an “officer,” under the rule in Germaine. Furthermore, Germaine explains an office has “duties,” plural. (In contrast, the term “emolument,” which is used in the same sentence as duties, is singular.) Electors do not have duties, plural; rather, they have a single duty: voting for President and Vice President. Finally, the federal government has never given electors an “emolument” for performing their “federal function.” For these reasons, characterizing electors as “officers” is inconsistent with long-standing precedent. 

What is a federal “agent,” the other term used in Ray? That phrase was also used in Fitzgerald v. Green (1890). Germaine analogized an “agent” with an “employee working for the federal government and paid by it.” We are not entirely sure that Germaine (1878) and Fitzgerald (1890)–decided only twelve years apart–used the word “agent” in the same fashion. But we think that analogy works, and is also consistent with the Supreme Court’s decision in Buckley v. Valeo (1976). Buckley also cited Germaine to highlight the distinction between “officers of the United States” and “employees of the United States.” The latter “are lesser functionaries subordinate to officers of the United States,” whereas the former—that is, the FEC commission members discussed in Buckley—are “appointed for a statutory term, are not subject to the control or direction of any other executive, judicial, or legislative authority.” And the federal government has never “paid” electors.

The phrases “federal officer” and “federal agents” sweep in most positions within the federal government, but these phrases do not include all positions within the federal government. Many commentators have understood that Ray‘s “federal officers and agents”-language extends to all federal positions. Therefore, they concluded that electors do not fit anywhere in the universe of federal positions, and it would follow that electors must be state officials. For example, in Buckley v. Valeo, the D.C. Circuit read Fitzgerald v. Green (1890) in this fashion. The court stated in an Appendix, “a Presidential elector is a state officer, not a federal one.”

We think these commentators have misunderstood Ray‘s “federal officers and agents”-language. First, Thornton rejects the notion that electors are state officials. (The D.C. Circuit’s decision in Buckley predated, and is inconsistent with, Thornton.) Second, there are other federal positions that are not considered “federal officers or agents.” 

We think Ray‘s “federal office or agent”-language is best read to track the Electoral Incompatibility Clause. That clause provides, “no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.” The phrase “Office of Trust or Profit under the United States,” in our view, covers all appointed positions in the legislative, executive, and judicial branches. This “office”-language does not prohibit Representatives and Senators from serving as electors; rather, the text of the provision expressly excludes Representatives and Senators from serving as electors. Simply put, electors “are not federal officers or agents” because the Elector Incompatibility Clause already prohibits “federal officers or agents” from serving as electors. The phrase “Office … under the United States”-language prevents “federal officers and agents” from taking the position of elector. But that conclusion does not resolve the status of what precisely electors are.

Third, we think–and the faithless electors agree–that an elector holds a “public Trust under the United States.” This language is used in Article VI’s Religious Test Clause. The phrase “public trust under the United States” reaches federal positions that are not subject to supervision in the normal course of their duties. We developed this position in our prior post. If we are correct that electors hold “public trusts under the United States,” then the State of Washington, which fined a faithless elector, has a Bank of the United States problem. McCulloch v. Maryland held that states cannot discipline persons holding federal positions for performing federal functions. “The power to tax involves the power to destroy,” Chief Justice John Marshall wrote. Therefore, the state lacks the “power to control the constitutional measures” of the federal government, which the Constitution “declared to be supreme.” We can draw an analogy between McCulloch and the faithless electors cases. In the former decision, it was explained that a state cannot discipline a federal functionary for performing a federal function (i.e., a person working in the federal bank). And in the modern faithless elector cases, states should not have the power to penalize or fine persons holding a public trust under the United States for performing their constitutionally mandated federal function (i.e., casting their electoral vote). 

The precise characterization of the electors is very important. During oral arguments, only Justice Thomas seemed interested in this question. Should the Court fail to resolve this issue, that failure is likely to create unintended ripple effects in constitutional jurisprudence, more broadly. A ruling that electors are “subordinate” state officers would undermine the core reasoning of Thornton, and, perhaps, Powell v. McCormack. A ruling that electors are federal “officers” would conflict with Ray. Perhaps the Court could simply describe electors as constitutional unicorns–sui generis creatures of unknown provenance. If so, it would appear that the states should lack the reserved power to control these actors. 

On the other hand, characterizing electors as holding a “public trust under the United States” would be consistent with the Court’s case law. And that ruling could lead to a victory for the faithless electors. We say could because the states could still prevail, depending on how their election laws were drafted. Some of these laws purportedly bind electors before they cast votes under state law, and other laws discipline or fine electors after they cast votes under state law. The former laws are permissible; the latter laws are not.

Marbury v. Madison suggests that something of a middle position is possible. This seminal case could allow the Court to chart a narrow path between the Scylla of characterizing electors as “subordinate” state officials, and the Charybdis of characterizing them as “federal officers or agents.” As all law students learn, Marbury posed the question of when an appointment becomes final. In Marbury, Chief Justice Marshall affirmed that Congress has the power to chart a “precise course accurately marked out by law,” to complete the appointment. Chief Justice Marshall concluded that “since [William Marbury’s commission] was signed by the President, and sealed by the secretary of state, [Marbury] was appointed.” (This analysis is based on an amicus brief Blackman authored in 2015). Ultimately, Chief Justice Marshall held that delivery of the commission was not necessary to finalize the appointment. Rather, the final act was sealing the commission following the President’s assent. 

We can draw an analogy from Marbury v. Madison to Colorado v. Baca. We start from a basic proposition: state law determines when the position of elector vests in a candidate for elector. The next proposition is contested, but we think correct as a matter of original public meaning: once the position is vested in a candidate for elector, then state efforts to constrain the elector’s discretion to vote consistently with their pre-general election pledges are highly dubious. But, we think it is uncontested that states retain the authority to regulate the behavior of a candidate for elector before his appointment becomes final under state law. For example, in Thornton, Justice Thomas dissented. He explained “we have long understood that [states] do have the power (as far as the Federal Constitution is concerned) to set qualifications for their Presidential electors.” These qualifications are relevant prior to the elector’s appointment becoming final. 

This precise issue was flagged during oral arguments in Chiafalo v. Washington. Justice Breyer asked Lawrence Lessig about a hypothetical state law that required electors to be permanent residents. Breyer asked, “what happens if, in fact, Mr. Smith, who is a permanent resident when elected, changes his residency and goes to a different state before the vote is cast? Now he is not a permanent resident.” Lessig replied that this elector could be replaced. “The difference,” Lessig said, “is the line between the appointment and the voting.” Lessig added, “The Constitution draws that line . . . But, once the voting starts, the State disappears.” We would slightly modify Lessig’s statement: once the appointment becomes final, “the State disappears.” Our position has a virtue over Lessig’s position: ours has a stronger textual anchor. Article II, § 1, cl. 2, provides “Each State shall appoint [Electors], in such Manner as the Legislature thereof may direct….” States have plenary authority to appoint electors. And that authority includes the power to set the qualifications to finalize such appointments.

We suggest that state law may provide that an elector is not actually appointed until he votes in compliance with his pledge under state law. Under such a state legislative regime, a person who purports to vote inconsistently with that pledge would not have become an elector in the first instance. First, the state could choose to disregard that faithless “elector’s” purported “vote,” for it was not made by an actual elector. Second, the state could replace that would-be faithless elector with another individual who complies with the pledge. Here, we draw an analogy to a common, long-standing, and well-pedigreed state practice: states routinely appoint substitute electors when a purported “elector” fails to attend the meeting of that state’s electors. Third, the state could also fine a would-be faithless “elector,” consistent with McCulloch, because such a person never actually held any federal position.

To put it another way, before a person has been appointed as an elector pursuant to state law, that person should be considered an elector-elect or an elector-pro tempore; that is, an elector in waiting. The states have the authority to regulate an elector-elect if he fails to comply with state law. At that juncture, he does not yet have a federal position of any sort.

This Marbury-inspired middle-ground allows the Court: to avoid the McCulloch problem; to rule consistently with Ray; and leaves Thornton‘s Tenth-Amendment-related reasoning intact. And it would avoid any “chaos” that would result in a victory for the faithless electors in Baca and Chiafalo. Moreover, the Court would not have to resolve the hard constitutional question of whether a state can constrain an elector’s discretion in voting for President and Vice President. This middle ground punts on that question.

If the Supreme Court adopts the position which we have outlined, some states might have to clarify when an elector’s appointment becomes final, if state law does not already make this point clear. And there is still time to do so before the next general election. We are not alone in this view. Our position, which ties state control over electors to when the position of elector vests, is largely consistent with the position advanced by the amicus brief from the National Conference of Commissioners on Uniform State Laws.

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Backyard Cottages Could Be the Most Feasible Type of Housing To Build During COVID-19. Some California Cities Are Still Blocking Them.

Despite the best efforts of the California State Legislature to let homeowners convert a garage or tool shed into much-needed rental housing, many of the state’s local governments continue to deny permits for these units.

The battle is now moving to the courts in a case that has major implications for property rights and the prospects of adding additional housing in a state that was underbuilding long before coronavirus saw construction grind to a halt.

This week, homeowner Cordelia Donnelly asked the California Supreme Court to weigh in on her lawsuit against the city government of San Marino, which has refused to give her a permit for an accessory dwelling unit (ADU) that meets state standards, but conflicts with the local zoning code.

Her case has its roots in a 2016 state law, Senate Bill (S.B.) 1069, which requires local governments to permit ADUs by-right—meaning they aren’t subject to the discretionary approval of planning officials—so long as they conform to certain state regulations.

The idea behind the law, says Tony Francois, an attorney with the Pacific Legal Foundation, which is representing Donnelly, is to let homeowners interested in adding a second unit bypass approval processes that are “so complex, time-consuming, expensive, and fraught with failure that it’s just not worth it for average people.”

So long as a homeowner’s proposed granny flat or garage unit met some basic standards—like being on a residentially zoned plot of land and being no bigger than 1,200 square feet—local governments had to give it a stamp of approval. Local laws that went beyond state standards, or required additional approvals, were declared null and void.

S.B. 1069 went into effect in January 2017. That same month, Donnelly applied for a permit to build an ADU atop a detached garage on her property. She was hardly alone in jumping at the opportunity to take advantage of the state’s streamlined approval conditions.

In a number of cities, ADU permit applications skyrocketed. In Los Angeles, for instance, permit applications for these units increased 30-fold after the new law went into effect, from just 257 applications in 2016 to 3,818 in 2017. In 2018, 20 percent of the permits granted for new housing units in Los Angeles were for ADUs, according to a report from the Sightline Institute, a Seattle-based urban policy think tank.

Unfortunately, not every locality was eager to see an explosion of new rental housing.

“It’s clear that a lot of cities across the state, not all, but a lot are just thumbing their nose at the state on housing when it comes to the law,” says Matt Lewis of the housing advocacy group California YIMBY. San Marino is one of those intransigent cities. A few weeks before S.B. 1069 went into effect, it passed an ADU ordinance that layered on a number of provisions that appeared to go beyond what was allowed by the state, or even directly conflicted with S.B. 1069.

San Marino’s law, for instance, prohibited ADUs from being larger than 1,000 square feet, which is 200 square feet smaller than the new state standard. It also required them to go on lots no smaller than 12,000 square feet. In addition, the law required that property owners live either in their ADU or on the main unit on their property. They couldn’t rent out both.

Donnelly’s project conformed to the more permissive state standards. However, her lot was too small, and her proposed unit too big to meet the city’s regulations. In August 2017, San Marino denied Donnelly’s request for a permit. In response, she sued, arguing that the state law preempted these more restrictive local conditions. Shockingly, however, both a trial court and the California Court of Appeal ruled against Donnelly in decisions that turned on technical phrasing in the 2016 law.

The Court of Appeals reasoned that because S.B 1069 set “maximum standards” for permitting ADUs, local governments could still impose minimum standards that were more restrictive. For instance, the state’s setting a maximum 1,200 square foot limit on ADUs did not prohibit San Marino from imposing its own 1,000 square foot limit on ADUs.

In addition, the Court of Appeals pointed to a phrase in the law saying that local governments could impose standards “that include, but are not limited to” things like setbacks, parking requirements, and architectural review,  reasoning that local governments could go beyond those listed standards to impose other things like minimum lot size requirements.

While Donnelly was losing in the courts, housing advocates at the state level were trying to close the loopholes that had tripped up her and other homeowners like her. In 2019, the state legislature, at the urging of groups like California YIMBY, passed three new ADU bills that expressly prohibited local governments from imposing minimum lot size standards, and owner-occupancy requirements.

Even with the passage of these bills, cities continue to drag their feet, says Victoria Fierce of the California Renters Legal Advocacy and Education Fund (CaRLA). “One of the more common ones is planning departments saying ‘We’re not familiar with the law. We haven’t had time to look at it’,” she says. “That’s a fair thing to say but it’s also not an acceptable reason to not follow the law.”

Fierce gives another example of the city of Piedmont, which required two permits for each ADU: one for the unit, the other for the physical structure that it would be a part of. The city was in effect saying “you have can have the idea of an ADU permitted but the physical manifestation of it had to get a second permit,” Fierce says. “It’s very bizarre but also not legal.”

Piedmont eventually changed its ordinance under pressure from CaRLA. The organization has also filed a number of lawsuits against cities over local ADU regulations that are out of step with the state, including San Francisco. So far all of these have been settled out of court, says Fierce.

Unfortunately for Donnelly, few of the legislative changes made at the state level have helped her out much. While the 2019 ADU bills did eliminate minimum lot sizes, they also shrank the state’s maximum unit size down to 850 square feet for one-bed ADUs (or 1,000 square feet for a two-bed ADU).

San Marino, says Francois, has also updated its laws to prohibit the project Donnelly first proposed in 2017, which should have been approved by state laws at the time. The PLF lawsuit would hopefully let her build her original project as designed. It could also have the effect of adding more teeth to state efforts at streamlining ADU permitting.

“There’s a general legal concept that when state and local laws address the same thing, the state law will prevail,” says Francois, arguing that trial and appeals courts have continued to be too deferential to local authorities.

“We’re asking the state Supreme Court to provide the legislature and local governments some guidance on this very important question of whether the legislature has succeeded in establishing a statewide by-right system” for ADUs, he says.

Streamlined ADUs production could have added significance during the COVID-19 pandemic too, says Fierce, as financing for major housing projects is drying up.

“These bigger, larger developments are not going to pencil out,” she says, whereas financing a one-bed garage unit or backyard cottage is still feasible, adding that their smaller size also helps them avoid political controversy. “A lot of people don’t know that an ADU is being built and you don’t hear the drama about it on Nextdoor or Twitter.”

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A Brave New Normal, Part 2 – A “Cranky” CJ Hopkins Has A Theory

A Brave New Normal, Part 2 – A “Cranky” CJ Hopkins Has A Theory

Tyler Durden

Thu, 05/21/2020 – 17:25

Authored by CJ Hopkins via ConsentFactory.org,

Read Part 1 here…

My columns haven’t been very funny recently. This one isn’t going to be any funnier. Sorry. Fascism makes me cranky.

I don’t mean the kind of fascism the corporate media and the fake Resistance have been desperately hyping for the last four years. God help me, but I’m not terribly worried about a few hundred white-supremacist morons marching around with tiki torches hollering Nazi slogans at each other, or Jewish-Mexican-American law clerks flashing “OK” signs on TV, or smirking schoolkids in MAGA hats.

I’m talking about actual, bona fide fascism, or totalitarianism, if you want to get technical. The kind where governments declare a global “state of emergency” on account of a virus with a 0.2% to 1% lethality (and that causes mild, flu-like symptoms, or absolutely no symptoms whatsoever, in over 97% of those infected), locks everyone down inside their homes, suspends their constitutional rights, terrorizes them with propaganda, and unleashes uniformed goon squads on anyone who doesn’t comply with their despotic decrees.

I’m talking about the kind of totalitarianism where the police track you down with your smartphone data and then come to your house to personally harass you for attending a political protest, or attack you for challenging their illegitimate authority, and then charge you with “assault” for fighting back, and then get the media to publish a story accusing you of having “set up” the cops.

I’m talking about the kind of totalitarianism where the secret police are given carte blanche to monitor everyone’s Internet activity, and to scan you with their “surveillance helmets,” and dictate how close you can sit to your friends, and menace you with drones and robot dogs, and violently pry your kids out of your arms and arrest you if you dare to protest.

I’m talking about the kind of totalitarianism that psychologically tortures children with authoritarian loyalty rituals designed to condition them to live in fear, and respond to absurd Pavlovian stimuli, and that encourages the masses to turn off their brains and mechanically repeat propaganda slogans, like “wear a mask” and “flatten the curve,” and to report their neighbors to the police for having an “illegal” private party … and to otherwise reify the manufactured mass hysteria the authorities need to “justify” their totalitarianism.

Yeah, that kind of stuff makes me cranky.

And you know what makes me really cranky?

I’ll tell you what makes me really cranky.

It is people who publicly project themselves as “anti-authoritarians” and “anti-fascists,” or who have established their “anti-establishment” brands and “dissident” personas on social media, or even in the corporate media, either zealously cheerleading this totalitarianism or looking away and saying nothing as it is rolled out by the very authorities and media propagandists they pretend to oppose. I don’t know exactly why, but that stuff makes me particularly cranky.

I’ll provide you with a few examples…

The militant “Portland anti-fascists” who the corporate media fell in love with and made famous for bravely fighting off the Trump-loving Putin-Nazi Menace over the course of the last four years, as soon as the Corona-Totalitarianism began, did what all true anti-fascists do when the state goes full-blown fascist … no, they did not “smash the state,” or “occupy the streets,” or anything like that. They masked-up and started making vegan hand sanitizer.

Popular Internet “anti-imperialists” started accusing everyone opposing the lockdown of being part of some far-right Republican plot to “promote mass death under the banner of freedom” or to “normalize death” to benefit rich people, or being members of a “death cult,” or something. Celebrity socialists took to Twitter to warn that we would “shortly have the blood of thousands of people on our hands,” and call us “anti-vaxxers” and “flat earth fucks.”

Indie political and military analysts patiently explained why governments needed to be able to pull people out of their homes against their will and quarantine them.

Anarchist anthropologists averred that the lockdown wasn’t damaging the productive economy; it was only damaging the “bullshit economy,” and those complaining about being out of work were people whose work is “largely useless.”

Others simply looked away or sat there in silence as we were confined to our homes, and made to carry “permission papers” to walk to work or the corner grocery store, and were beaten and arrested for not “social-distancing,” and were otherwise bullied and humiliated for no justifiable reason whatsoever.

(We are talking about a virus, after all, that even the official medical experts, e.g., the U.K.’s Chief Medic, admit is more or less harmless to the vast majority of us, not the Bubonic Fucking Plague or some sort of Alien-Terrorist-Death-Flu … so spare me the “we-had-no-choice-but-to-go-totalitarian” rationalization.)

My intent is not merely to mock these people (i.e., these “radical,” “anti-establishment” types who fell into formation and started goose-stepping because the media told them we were all going to die), but also to use them as a clear example of how official narratives are born and take hold.

That’s somewhat pertinent at the moment, because the “Brave New Normal” official narrative has been born, but it has not yet taken hold. What happens next will determine whether it does.

In order to understand how this works, imagine for a moment that you’re one of these people who are normally skeptical of the government and the media, and that you consider yourself an anti-authoritarian, or at least a friend of the working classes, and now you are beginning to realize that there is no Alien-Terrorist-Death-Flu (just as there were no “WMDs,” no “Russian hackers,” no “pee-tape,” etc.), and so it dawns on you that you’ve been behaving like a hysterical, brainwashed, fascist minion of the very establishment you supposedly oppose … or at the very least like an abject coward.

Imagine how you might feel right now.

You would probably feel pretty foolish, right? And more than a little ashamed of yourself. So … OK, what would do about that? Well, you would have a couple of options.

Option Number One would be admit what you did, apologize to whomever you have to, and try like hell not to do it again.

Not many people are going to choose this option.

Most people are going to choose Option Number Two, which is to desperately try to deny what they did, or to desperately rationalize what they did (and in many cases are still actively doing).

Now, this is not as easy at it sounds, because doing that means they will have to continue to believe (or at least pretend to believe) that there is an Alien-Terrorist-Death-Flu which is going to kill hundreds of millions of people the moment we stop locking everyone down, and forcing them to “social distance,” and so on. They will have to continue to pretend to believe that this Alien-Terrorist-Death-Flu exists, even though they know it doesn’t.

And this is where that Orwellian “doublethink” comes in. People (i.e., these “anti-authoritarians,” not to mention the majority of the “normal” public) are not going to want to face the fact that they’ve been behaving like a bunch of fascists (or cowards) for no justifiable reason whatsoever. So, what they are going to do instead is desperately pretend that their behavior was justified and that the propaganda they have been swallowing, and regurgitating, was not propaganda, but rather, “the Truth.”

In other words, in order to avoid their shame, they are going to do everything in their power to reify the official narrative and delegitimize anyone attempting to expose it as the fiction that it is. They are going to join in with the corporate media that are calling us “extremists,” “conspiracy theorists,” “anti-vaxxers,” and other such epithets. They’re going to accuse those of us on the Left of aligning with “far-Right Republican militias,” and “Boogaloo accelerationists,” and of being members of the Russian-backed “Querfront,” and assorted other horrible things meant to scare errant leftists into line.

Above all, they are going to continue to insist, despite all the evidence to the contrary, that we are “under attack” by a “killer virus” which could “strike again at any time,” and so we have to maintain at least some level of totalitarianism and paranoia, or else … well, you know, the terrorists win.

It is this reification of the official narrative by those too ashamed to admit what they did (and try to determine why they did it), and not the narrative or the propaganda itself, that will eventually establish the “Brave New Normal” as “reality” (assuming the process works as smoothly as it did with the “War on Terror,” the “War on Populism,” and the “Cold War” narratives). The facts, the data, the “science” won’t matter. Reality is consensus reality … and a new consensus is being formed at the moment.

There is still a chance (right now, not months from now) for these people (some of whom are rather influential) to stand up and say, “Whoops! I screwed up and went all Nazi there for a bit.” But I seriously doubt that is going to happen.

It’s much more likely that the Brave New Normal (or some intermittent, scaled-down version of it) will gradually become our new reality. People will get used to being occasionally “locked down,” and being ordered to wear masks, and not to touch each other, and to standing in designated circles and boxes, like they got used to the “anti-Terrorism measures,” and believing that Trump is a “Russian asset.” The coming economic depression will be blamed on the Alien-Terrorist-Death-Flu, rather than on the lockdown that caused it. Millions of people will be condemned to extreme poverty, or debt-enslaved for the rest of their lives, but they’ll be too busy trying to survive to mount any kind of broad resistance.

The children, of course, won’t know any better. They will grow up with their “isolation boxes,” and “protective barriers,” and “contact tracing,” and they will live in constant low-grade fear of another killer virus, or terrorist attack, or Russian-backed white supremacist uprising, or whatever boogeyman might next appear to menace the global capitalist empire, which, it goes without saying, will be just fine.

Me, I’ll probably remain kind of cranky, but I will try to find the humor in it all.

Bear with me … that might take a while.

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“Unlike Anything We Have Seen In History”: The Coronacrisis Will Wipe Out Over 4 Years Of GDP Growth

“Unlike Anything We Have Seen In History”: The Coronacrisis Will Wipe Out Over 4 Years Of GDP Growth

Tyler Durden

Thu, 05/21/2020 – 17:05

Now that banks have had a chance to evaluate the collapse in the economy in the post-covid world, a new round of GDP forecast revisions is coming, and it’s a doozy, with Bank of America spearheading the latest effort by slashing its Q2 GDP forecast from -30% to -40%.

Not without a trace of irony, BofA’s chief economist Michelle Meyer writes that “words cannot describe” the loss in economic output, which is “unlike anything we have seen in modern history. Back in early April when we introduced our forecasts, we penciled in a stunning 10% cumulative drop in output from the peak with the pain concentrated in 2Q with a 30% qoq saar decline.”

But it seems that it was not extreme enough, and according to data released since then, the drop will be more severe, with BofA now looking for a 40% Q/Q saar decline in 2Q, translating to a cumulative loss of 13%. To put this into perspective, in the Great Recession of ’08-09, the economy declined 4%. This recession would clearly be much deeper.

* * *

As BofA previously noted, ignore all the “letter”-descriptions of the current cycle, and instead think of it in phases, of where there are three: phase 1 is the shutdown, phase 2 is the transition and phase 3 is the recovery. The bank has tweaked its assumptions in each phase – bigger drop in phase 1, stronger bounce in phase 2 but weaker recovery in phase 3.  Here are the three phases in detail:

Lockdown: a deeper contraction. We now believe that 2Q GDP growth will be down 40% qoq saar vs. our prior forecast of -30% qoq saar.

  • Transition: a faster snapback. An earlier reopening means an earlier bounce in activity. We are revising up 3Q GDP growth to +7% qoq saar vs. -1% qoq saar previously. The gain is entirely driven by a snap higher in consumer spending; we still expect a meaningful decline in investment.
  • Recovery: slower. An earlier reopening has prompted health experts to increase estimates for the number of COVID cases, which will slow the recovery. We have also become increasingly concerned about solvency issues and a sticky-high unemployment rate. We now think it will take until the end of 2022, or later, to return to the pre-COVID level of GDP.
  • BofA’s new forecasts reflect the recent data and the early reopening, and leaves BofA’s annual GDP to plunge 8.0% this year with a 4.0% rebound next year. The peak-to-trough drop in GDP is 13%. This breaks the previously held post-war record of -4% in the Great Recession.

What is more troubling is that as shown in the chart below, the corona crisis will wipe out 4 years of GDP growth, with BofA now expecting real GDP at the end of 2021 to be where it was at the end of 2017!

Before it goes into more depth on its various findings, BofA issues a word of caution to all those who see a V-shaped recovery in recent data: “it is important to keep in mind that many indicators will show a significant bounce as the economy moves out of hibernation. But what initially looks like a V-shaped recovery is set to lose steam after the initial gain has subsided.

With that in mind, BofA moves on to the next key subject, the devastation in the labor market and upcoming disinflation. As Meyer writes, “although more than 20 million jobs have been lost over March and April, the jobless claims figures suggest we are likely to see more cuts in the May report”, something we discussed in our report spreading the real jobs report.

BofA now believes that the unemployment rate will reach a peak of 19% at the end of 2Q, while broader measures of unemployment suggest that the rates are already in excess of 20%. In the initial stages of the recovery, the unemployment rate will fall sharply upon reopening but will likely get stuck close to 10% for some time. This, as Meyer warns, is a recipe for disinflation and could prove catastrophic for banks that haven’t provisioned enough for loan losses. The bank forecasts core PCE inflation will reach 0.6% yoy by year-end, although the bank still believes that the US will avoid outright deflation in underlying inflation and that the focus will be on measures of expectations.

One silver lining is that we have not seen any damage to inflation expectations, at least not yet. In fact, the 5-10 year inflation expectations gauge in the University of Michigan consumer sentiment survey has actually crept upwards to 2.6% in May from 2.3% in March, heading to the top of its recent range which of course may merely be a reflection of the prices most Americans truly experience (which are surging) instead those that make up the BLS inflation basket. Indeed, in an economy under lockdown, demand for essentials has exploded higher resulting in a strong bid on prices. For example, food at home prices popped 2.6% mom in April. As a result, BofA says this could “misguide” consumers into believing the higher inflation story (we doubt consumers will be happy to know they are being “misguided” when they pay a record high price for steak ahead of the Labor Day holiday). However, this may prove to be only temporary as broader disinflationary forces take over, with a risk of falling below 0% and therefore entering deflation territory.

Looking ahead, Meyer writes that two of the most critical inputs into her medium-term forecast are i) the path of the virus and ii) the degree of stimulus.

While BofA is currently not forecasting a significant second wave that would prompt shelter-at-home policies to return,  clearly this is a big downside risk. In terms of stimulus, BofA expects the Fed to continue with credit facilities and another fiscal stimulus package albeit smaller and focused on state and local governments. A bigger stimulus plan would present upside risk while lack of support would add to the downside. The path of virus and fiscal response are not mutually exclusive.

Finally, while urging clients to avoid letters to describe the cycle, BofA does just that and in the next chart it looks at four hypothetical types of recoveries: a “V” (upside) a “U” (close to the current), an “L” (downside) or a “W” (downside). In all cases, it assumes that output falls by 40% annualized in 2Q and trend growth of 1.8%.

  • In the V-shaped recovery example, GDP gets back to potential in four quarters (by the end of 1H 2021) and then remains on trend. Therefore the recovery is twice as long as the downturn and lost output is not recovered. Still, this scenario would require nearly 18% growth over the next year, which we think is unrealistic.
  • In the U-shaped recovery scenario, GDP takes longer to return to potential and more output is permanently lost. GDP gets back to trend at the end of 2022. Even this requires an average of 8% growth over the next ten quarters. Notice that BofA’s baseline forecast is closest to a “U” or “swoosh” scenario.
  • An L-shaped recovery is the slowest, with the greatest permanent loss in output. It takes until the end of 2023 for GDP to return to its pre-COVID level. Growth averages 4% in that period.
  • What about a “W”? The most likely scenario for a W-shaped (“double dip”) recovery is a second major virus outbreak in the fall/winter, which causes another round of shutdowns. There are many possibilities depending on the severity and duration of the shutdowns.

Finally, for all the charlatans who focus on Q/Q change instead of Y/Y or trendline, chart 7 illustrates the pitfalls of conflating levels and growth rates. In all scenarios, GDP growth would look quite robust initially. This is because when the economy re-opens, baseline economic activity will be so weak that growth will almost surpass its trend rate for a few quarters. This underscores the importance of considering the level of GDP.

Or, as BofA realistically concludes “we cannot simply snap our fingers and return the economy to the way it was prior to the shock from COVID-19.”

via ZeroHedge News https://ift.tt/3g96EjH Tyler Durden